Dec 21, 2021 -- ADEM, the Environmental Management Commission, and City of Dothan petition the

Alabama Supreme Court for review of the decision of the Court of Civil Appeals.

Oct 8, 2021 -- Court of Civil Appeals reverses Montgomery County Circuit Court's decision upholding

Environmental Management Commission's approval of Dothan's May 6, 2019 permit. The appellate

court holds that ADEM, the Commission, and City of Dothan misinterpreted the statutory requirement

that the City's permit application must be approved by the local governing body (Board of Commissioners

of City of Dothan) before ADEM may consider the application. (Click on DECISION image to right).

Jul 10, 2021 -- Petitioners file notice of appeal to Alabama Court of Civil Appeals.

Feb 2, 2021 -- Montgomery County Circuit Court upholds Environmental Management Commission's approval of Dothan's May 6,

2019 permit.

Jul 10, 2020 -- Petitioners appeal the Environmental Management Commission's approval of the May 6,

2019 permit to Montgomery County Circuit Court.

Jun 12, 2020 -- The Alabama Environmental Management Commission approves the May 6, 2019 permit.

May 20, 2020 -- A Hearing Officer recommends that the Environmental Management Commission

disapprove the May 6, 2019 permit. See https://bit.ly/2Mqrn53.

Jul 4, 2019 -- Residents appeal permit to Environmental Management Commission. (Click on REQUEST

image to right).

May 6, 2019 -- ADEM granted the City of Dothan a permit.

Feb 28, 2019 -- ADEM held a public hearing on the proposed

permit. (Click on Dothan Landfill video to the right).

Dec 28, 2018 -- David A. Ludder, representing several residents

with property near the landfill, submitted comments on the

proposed landfill expansion permit. (Click COMMENTS image to

right). Ludder explained that the population within one mile of

the landfill is 89 percent Black and that this population has

suffered offensive odors and

disease carrying insects and vermin from the operation of

the landfill for many years.

Nov 23, 2018 - The Alabama Department of Environmental Management (ADEM) published notice of intent to issue a revised permit

to the City of Dothan authorizing it to expand its landfill with capacity to last another 25-40 years. This is the City's third attempt to

obtain approval for the expansion. Two earlier attempts were defeated because of public notice defects.

Mar. 11, 2020 -- Alabama Governor Kay Ivey signed into law Act No. 2020-30 which authorizes the Alabama Department of

Environmental Management to approve the use of materials other than earth as cover at landfills.

Dec. 3, 2019 -- The Alabama Supreme Court granted ADEM permission to appeal the decision of the Court of Civil

Appeals.

Oct. 11, 2019 -- The Alabama Court of Civil Appeals unanimously (5 judges) held that the ADEM rules allowing

landfill wastes to be covered with materials other than earth are invalid because they exceed the the agency's

statutory authority. The Court reversed the decision of the trial court and directed that the trial court enter a

judgment in favor of the plaintiffs. Click on the image to the right to read the Court OPINION.

Jan. 23, 2019 -- The Alliance is providing financial support to allow three Black residents to appeal a circuit court decision upholding

ADEM rules that allow landfill wastes to be covered with materials other than earth. These alternative materials include tarps,

petroleum contaminated soil, coal ash, and automotive shredder residue. As a result of using these alternative materials, the

residents claim they are suffering exposure to offensive odors and disease-carrying insects, rodents, and other animals and reduced

property values. The basis of their appeal is language in State law that specifies that waste shall be covered daily with six inches of

compacted earth. The Alliance seeks additional contributions to support this appeal.

Feb. 14, 2019 -- In an effort to comply with EPA regulations and secure the continued

receipt of millions of dollars in grant funding from EPA, ADEM has adopted

environmental discrimination grievance procedures. These procedures are supposed

to be followed when persons complain that ADEM actions have subjected them to

discrimination on the basis of race, color, national origin, or sex. Under these

procedures, ADEM is required to determine if it has jurisdiction over a complaint, and if

it does, to investigate the complaint and provide a prompt and fair resolution of the

complaint.

Unfortunately, the procedures are invalid for a number of reasons. First, they were

adopted by the Director of ADEM who lacks the authority adopt "rules" and "environmental policies." Second, they were adopted

without public notice and public comment required by two statutes. And third, the Legislature did not grant ADEM authority to

consider discrimination on the basis of race, color, national origin, or sex in any administrative decision. Thus, the procedures cannot

provide a meaningful resolution of any complaints alleging such discrimination.

Five Black individuals residing in three different counties in Alabama have filed a lawsuit against the Director of ADEM contesting the

validity of the procedures in hopes that the Legislature will grant ADEM the authority to consider racial discrimination in its

administrative decisions, that the procedures wll be subjected to public notice and comment, and that the procedures will be adopted

by the Alabama Environmental Management Commission.

The Alliance is providing financial support to enable the Black residents to seek justice. Donations to the Alliance will help pay for

litigation costs.